CARU Recommends DorkDiaries.com Modify Website to Better Comply with Guidelines, COPPA
New York, NY – Feb. 9, 2016 – Rachel Renée Russell, author and operator of the website DorkDiaries.com, said the site has revised its privacy practices following an inquiry from the Children’s Advertising Review Unit.
CARU is an investigative unit of the advertising industry’s system of self-regulation. It is administered by the Council of Better Business Bureaus. CARU monitors advertising to children in all media. CARU also examines websites and apps for compliance with CARU’s Self-Regulatory Program for Children’s Advertising – which includes guidelines on online privacy protection – as well as with the federal Children’s Online Privacy Protection Act (COPPA).
CARU was directed to the website through an advertisement in Discovery Girls magazine, which read: “Read Nikki’s blog, get advice, and more at DorkDiaries.com.”
At the website, teachers, teens and tweens learn about the book series, Dork Diaries, and its author, Ms. Russell. The website featured an area labeled fan club, an e-newsletter, advice column, games and merchandise.
Upon its initial review, CARU determined that to sign up for the fan club, a visitor had to enter an email address, first name, month and day of birth, and a parent’s email address.
Underneath were two check boxes. The first stated, “I confirm that I am over 13 years old.”
The second stated, “I confirm that I have asked my parent/guardian to read this notice. If you are a parent/guardian of the entrant and you consent to the retention and use of the entrant’s personal details for the purposes of these newsletters, please click this box.”
With regards to the website’s e-newsletter, a visitor was asked to enter a username, password, email address, first name and a full date of birth. Below were the same check boxes and messages that appeared in the fan club section. This feature did not request a parent’s email address, regardless of the birthdate submitted.
CARU’s guidelines provide that operators should ask screening questions in a neutral manner so as to discourage inaccurate answers from children trying to avoid parental permission requirements.
In response to CARU’s inquiry, the operator indicated she would modify the site to comply with CARU’s guidelines and COPPA. The operator explained that the fan club had the same function as the e-newsletter subscription and that parent notification letters were being sent out manually and were often delayed.
The operator also informed CARU that she has removed the fan club sign-up from the website to avoid confusion with the e-newsletter feature.
CARU noted in its decision that it was pleased the site operator “had agreed to participate in CARU’s self-regulatory program and implement changes to bring the Website’s privacy and advertising practices into compliance with its guidelines and COPPA.
CARU noted in its decision that the operator has updated the site’s age-verification system to effectively age-screen and send out a parent notification for the Dork Diaries Superfan e-newsletter in a timely manner. The operator expressed her thanks to CARU and said the site “has already been modified to fully comply with the CARU Guidelines and COPPA.”
Subscribe to the Ad Law Insights or Privacy Initiatives newsletters for an exclusive monthly analysis and insider perspectives on the latest trends and case decisions in advertising law and data privacy.
Latest Decisions
National Advertising Division Refers “Made in USA” Claims by Larose Industries d/b/a Roseart and Cra-Z-Art to the Federal Trade Commission
New York, NY – January 10, 2025 – The National Advertising Division referred advertising claims by Larose Industries, operating under the names Roseart and Cra-Z-Art, that its products are “Made in USA” to the Federal Trade Commission (FTC) after Larose Industries failed to respond to the inquiry.
National Advertising Division Recommends T-Mobile Discontinue or Modify 20% Savings vs. ‘The Other Big Guys’ Claim; T-Mobile to Appeal
New York, NY – January 9, 2025 – The National Advertising Division recommended that T-Mobile discontinue or modify its advertising to avoid conveying the comparative claim that consumers can “save 20% every month vs. the other big guys” if they subscribe to T-Mobile in markets where Spectrum Mobile also...
In National Advertising Division Fast-Track SWIFT Challenge Behr Voluntarily Discontinues “No Comparable Product” Claim
New York, NY – January 8, 2025 – In a National Advertising Division Fast-Track SWIFT challenge brought by Benjamin Moore, Behr voluntarily discontinued its “No Comparable Product” claim.
National Advertising Division Finds Charter’s “Unlimited” Claims Supported; Recommends Clear & Conspicuous Speed Limitation Disclosures
New York, NY – January 7, 2025 – The National Advertising Division found that Charter substantiated certain express and implied claims about its Spectrum Mobile “Unlimited” and “Unlimited Plus” wireless data plans but recommended that Charter modify its website advertising to disclose high speed data...